A/HRC/25/54/Add.2
International Covenant on Economic, Social and Cultural Rights, articles 2 and 11; the
International Covenant on Civil and Political Rights, articles 2 and 26;1 the Convention on
the Elimination of All Forms of Discrimination against Women, article 2;2 the Convention
on the Rights of the Child, articles 2, 4 and 27;3 and the Convention on the Rights of
Persons with Disabilities, articles 5, 9 (para. 1), 19 and 28.4
7.
The Special Rapporteur wishes to underscore that the right to adequate housing
should not be considered narrowly. It includes guaranteeing various aspects, such as
security of tenure, affordability, accessibility, location and cultural adequacy.5 The
Committee on Economic, Social and Cultural Rights has underlined that the right to
adequate housing should be ensured to all persons irrespective of income or access to
economic resources.6
8.
Article 2, paragraph 1, of the International Covenant on Economic, Social and
Cultural Rights requires State parties to take steps, to the maximum of their available
resources, with a view to progressively achieving the full realization of the rights
recognized in the Covenant.7 This provision requires States to take deliberate, concrete and
targeted steps towards meeting and sustaining the realization of the rights in the Covenant,8
even if resources are constrained, such as during economic crises, and prohibits
retrogressive measures without full justification and strict consideration of a series of
safeguards, especially for the most vulnerable and disenfranchised.9
9.
The United Kingdom does not have a codified constitution, but human rights form
part of the constitutional framework in various ways, perhaps most notably through the
Human Rights Act of 1998, which incorporates most of the rights contained in the
European Convention on Human Rights into domestic law.
10.
The Equality Act of 201010 is applicable in England, Scotland and Wales. It includes
a public sector equality duty.11 It replaced the existing race, disability and gender equality
duties, and is relevant for all public sector institutions as well as for private sector actors
(such as housing associations) in the provision of public services.12
III. Promoting the right to adequate housing
11.
Access to adequate housing has been a hallmark of the history of public polices in
the United Kingdom. For generations, women and men have progressively given shape to
the notion that a dignified life includes access to decent and fair housing, regardless of level
1
2
3
4
5
6
7
8
9
10
11
12
4
Both Covenants were ratified on 20 May 1976, without reservations.
Ratified 7 April 1986.
Ratified 16 December 1991.
Ratified 8 June 2009.
Committee on Economic, Social and Cultural Rights, general comment No. 4 (1991), para. 8.
Ibid., paras. 7 and 8.
See also Convention on the Rights of the Child, art. 4, and Convention on the Rights of Persons with
Disabilities, art. 4, paras. 1 and 2.
Committee on Economic, Social and Cultural Rights, general comment No. 3 (1990), para. 2.
Ibid., paras. 9 and 13. See also Committee on Economic, Social and Cultural Rights, general
comment No. 19 (2007); and Ariranga G. Pillay, Chairperson of the Committee on Economic, Social
and Cultural Rights, letter to State parties, 16 May 2012, and statement at the sixty-seventh session of
the General Assembly, 23 October 2012.
In force since 1 October 2010.
In force since 5 April 2011.
See also the High Court in Weaver v. London and Quadrant Housing Trust (2008).